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Arguendo is a Latin legal term meaning for the sake of argument. "Assuming, arguendo, that ..."and similar phrases are used in courtroom settings, academic legal settings, and occasionally in other domains, to designate provisional and unendorsed assumptions that will be made at the beginning of an argument in order to explore their implications.
"This assumption," Robert G. McCloskey wrote as to the legal essentiality of the concept due process of law in The American Supreme Court, "was a product[,] no doubt[,] of many converging factors: the multiplication of 'welfare state' threats, the Macedonian cries of the business community and its legal and academic defenders, a growing ...
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that ...
Open-world assumption, assumption that the truth value of a statement may be true irrespective of whether or not it is known to be true; Tacit assumption, belief applied in developing a logical argument or decision that is not explicitly voiced nor necessarily understood by the decision maker
Assignment [a] is a legal term used in the context of the laws of contract and of property.In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. [1]
Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury.
Assumpsit ("he has undertaken", from Latin, assumere), [1] or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment.
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...